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HomeMy WebLinkAboutTR-76-83 KNOWLE CORPORATION OF THE TOWN OF NEWCASTLE 40 TEMPERANCE STREET BOWMANVILLE, ONTARIO L1C3A6 TELEPHONE 623-3379 REPORT TO THE GENERAL PURPOSE AND ADMINISTRATION COMMITTEE MEETING OF NOVEMBER 7, 1983 REPORT NO.: TR-83-76 SUBJECT: STREET LIGHTING POLICY RECOMMENDATION: It is respectfully recommended: 1. That this report be received; and 2. That The Policy for the Installation of Street Lighting as adopted by Council on March 10, 1978 (Schedule A) be rescinded, effective December 31, 1983; and 3. That the Policy for the Installation of Street Lighting (Schedule B) be approved, effective January 1, 1984; and 4. That the necessary amendments to the Street Light Taxation charges to bring the policy into effect be made for the 1984 taxation year (By-Law attached) ; and 5. That Corporation enter into negotiations with Ontario Hydro to purchase the Hampton and Enniskillen Street Lighting systems; and �1 «p+t. - 2 - 6. That the cost of the acquistion of the Hampton and Enniskillen systems .be included in the 1984 Capital Costs for Street Lighting Systems; and 7. That the Public Works and Planning Departments undertake a review of the street lighting services provided within the Town and establish the criteria and warrants for provision of street lighting, by which the request for street lighting services can be evaluated. BACKGROUND AND COMMENTS: In reviewing the street lighting services which have been provided by the Town in the various areas over a number of years, we find that various means of funding the installations have been followed. By this change in policy, it is hoped that a more equitable costing of this service to the taxpayers across the municipality, will result. In general the annual maintenance costs of the systems have been paid for by the directly benefitting landowners, while the capital costs for the installation have been variously treated. The Town presently owns all of the street lighting systems, with the exception of those located in Hampton and Enniskillen. Those two systems are assessed an annual capital charge by Ontario Hydro, in perpetuity, to cover initial and ongoing capital costs. Ontario Hydro has, however, made an offer to sell those systems to the Town. - 3 - There are presently nine street lighting areas in the Town. The rural areas are serviced by Ontario Hydro and, the Bowmanville Newcastle, and Orono areas are serviced by the Newcastle H.E.C. In 1981 the Bowmanville, Newcastle, Orono areas were amalgamated into one area to come into line with the joint H.E.C. and to provide more equitable service to all the residents in the urban areas. What is before Committee today, is an amalgamation of the urban and rural street light systems to recognize the provision of a similiar service throughout the municipality. Presently the costs to the taxpayers of street lighting services vary from a low of 1.889 mills to a high of 14.232 mills. This differential results from the operating costs of the system apportioned over the assessment available for taxation in each special area. STREET LIGHTING COSTS Based on 2800 Assessment and the 1983 Budget Costs Current Mill Rate Structure Mill Rate Tax Dollars Res. Comm. Res. Comm. Bow., Newc., and Orono 9.065 10.665 $25.38 $29.86 Hampton 7.775 9.147 21.77 25.61 Enniskillen 7.800 9.176 21.84 25.69 Kendal 8.989 10.575 25.17 29.61 Newtonville 8.130 9.565 22.76 26.78 Solina 1.889 2.222 5.29 6.22 Darlington Industrial 2.610 3.071 7.31 8.60 Ashton 14.232 16.744 39.85 46.88 Orono Estates 4.834 5.687 13.54 15.92 Proposed Mill Rate Structure General Rate (40% Costs) 1.648 1.939 $ 4.61 $ 5.43 Urban/Rural Special Area Rate(60% Costs) 5.339 6.281 14.95 17.59 - 4 - Street lighting services in urban municipalities usually constitute a portion of the general tax rate. Because of the numbers of urban areas, hamlets and other small population centers in the municipality, which is largely rural in area, the special area rating for street lighting has persisted longer than might have been expected. Since the number of such special street lighting areas will continue to increase as new development is approved, it seems prudent to consider a policy change at this time. The Town, would also like to ease the process whereby street lighting services can be extended into already established residential and business areas, by removing the necessity of a petition from the property owners. The division of the costs for street lighting to provide 40% from the general levy and 60% from an urban/rural special area levy is based on the premise that all taxpayers derive a benefit from properly lit roads and streets, not just the directly benefitting landowners. The street lighting allows for safer vehicular and pedestrian traffic flow throughout the Town,and charging 40% to the general levy recognizes that fact. The move to combine the urban and rural rates is to recognize the provision of the same level of service in all areas. Also, the larger assessment base will allow works which might have previously been staged over a number of years, to be completed in one year at a more economical cost. The Town will establish the criteria and warrants for street lighting. Then, as requests are received, they can be evaluated in the light of the criteria and warrants and the Town can determine if the request can be met given the existing budget. - 5 The establishment of a basis for evaluating requests and Council 's desire to proceed on its own initiative under the Local Improvements Act in these matters, will eliminate the need for petitions from residents. If the Town proceeds to expand the street lighting service to a new area under The Local Improvements Act,R..S.O. 1980 the recovery of the capital costs or a portion thereof, falls under the following section of that act: "Chapter 250, Section 12(l)(2) Local Improvement Act" 12. R.S.O. 1980 - (1)"WHERE the council proceeds on the initiative plan, notice of the intention of the council to undertake the work in Form 3 shall be given by publication of the notice and by service of it upon the owners of the lots liable to be specially assessed, and unless within one month after the first publication of the notice a majority of the owners, representing at least one-half of the value of the lots that are liable to be specially assessed, petition the council not to proceed with it, the work may be undertaken as a local improvement." (2) "THE NOTICE is sufficient if it designates by a general description the work to be undertaken and the street or place whereon or wherein, and the points between which, the work is to be done, and the number of the instalments by which the special assessment is to be payable." If after the circulation, the residents petition to not have the work proceed, then Council shall not consider the same project on its own initiative for two years. - 6 This general policy change regarding street lighting services should provide the more equitable costing across the municipality which the Town is seeking and allow for the expansion of the service into areas where a need presently exists. Respectfully submitted, -"vaL KathryiA. Campbell ,C.A., B.Comm., Treasurer. *gf R83-BG-26 Attachments TR-83-76 - 7 - SCHEDULE "A" TOWN OF NEWCASTLE POLICY FOR THE INSTALLATION OF STREET LIGHTING 1 . The installation of new Street Lights be considered only under Local Improvement, save and except those installed in accordance with a Development Agreement or other Agreement with the Town. 2. The replacement or update of existing deficient Street Lights be in accordance with the annual approved Budgets. 3. Replacement and/or update resulting from road and street construction be in accordance with the annual approved Budget. 4. Street Lighting required external to new development (or which becomes deficient as a result of new development) be funded by incorporating the additional cost in the calculation of Lot Levies. Resolution #W-44-80 - March 5, 1980 adopted by Council on March 10, 1980 TR-83-76 - 8 - SCHEDULE "B" TOWN OF NEWCASTLE POLICY FOR STREET LIGHTING 1 . The installation or updating of a system be considered on the initiative of Council under The Local Improvement Act, save and except those systems installed in accordance with a development agreement or other agreement with the Town. 2. The installation or updating of a system be in accordance with the Street Lighting Criteria and Warrants established by the Public Works and Planning Departments. 3. The costs of installation or updating and the annual maintenance of the street lighting system be funded through the annual budget on the following basis: 40% of all costs charged to General Ratepayers 60% of all costs charged to Benefitting Ratepayer THE CORPORATION OF THE TOWN OF NEWCASTLE BY-LAW 83- being a by-law to provide for the levying of taxes for street lighting services within the Corporation of the Town of Newcastle. WHEREAS Section 210(52) of The municipal Act, R.S.O. 1980 provide, that by-laws may be passed by the Councils of local municipalities, "for acquiring, establishing, constructing, maintaining and operating of a street lighting system; AND WHEREAS the Corporation of the Town of Newcastle recognizes the benefits received by all of its residents through the provision of street lighting services; AND WHEREAS street lighting services are provided in an increasing number of areas within the Corporation of the Town of Newcastle; NOW THEREFORE the Council of the Corporation of the Town of - Newcastle hereby enacts as follows: 1 . That all properties with the boundaries of the Corporation of Newcastle shall be taxed for % of the capital and annual operating costs of the street lighting services provided within the Town; 2. That all those properties presently within the various special r? �P street lighting service areas shall be taxed for,.60%" of the capital and annual operating costs of the street lighting services provided within the Town; _ 3. That schedule "A" to "N" inclusive attached hereto, shall form part of this By-Law; 4. That By-Laws 75-10, 75-11, 79-145, 80-56, 82-61 and that all other by-laws of the former Township of Darlington, Town of Bowmanville, Township of Clarke, Village of Newcastle not consistent with this by-law be and are hereby repealed. By-Law read a first and second time this day of November,1983 By-Law read a third and finally passed this 12th day of December, 1983 MAYOR Seal CLERK SCHEDULE "A" TO BY-LAW 83- TOWN OF NEWCASTLE POLICY FOR STREET LIGHTING 1 . The installation or updating of a system be considered on the initiative of Council under The Local Improvement Act, save and except those systems installed in accordance with a development agreement or other agreement with the Town. 2. The installation or updating of a system be in accordance with the Street Lighting Criteria and Warrants established by the Public Works and Planning Departments. 3. The costs of installation or updating and the annual maintenance of the street lighting system be funded through the annual budget on the following basis: 40% of all costs charged to General Ratepayers 60% of all costs charged to Benefitting Ratepayer SCHEDULE "B" TO BY-LAW 83- TOWN OF NEWCASTLE STREET LIGHT POLICY OPERATIONS PROCEDURES 1. Requests received from the public and/or Council will be directed to the Public Works Department for review and evaluation according to the established criteria and warrants. The applicant will be advised in writing of the results of this review. 2. Those requests meeting the established criteria and warrants will have the costing prepared by the Public Works Department in consultation with the Newcastle H.E.C. or Ontario Hydro. 3. The approved requests and associated costing will then be reviewed by the Treasury Department to determine if sufficient funds are available to proceed in the current budget year. If sufficient funds are not available the request will be referred to the appropriate budget year. 4. The Treasury Department will report to the General Purpose and Administration Committee on the results of the aforementioned reviews and on those proposals which meet the established criteria and warrants. A recommendation as to the budget year in which the proposal can be considered will also be made to Committee. Those proposals which receive Committee and Council approval will be implemented under the Local Improvements Act through the initiative of Council . 5. Those landowners directly benefitting from the proposal will have a notice circulated to them by the Clerk's Department stating the nature of the proposal , the approximate costs and the notice period as provided under the Local Improvements Act. 6. Following the circulzation period and a review of any comments received, the Treasury Department will determine if the proposal can proceed under the Local Improvements Act. Once this is determined, the Treasury Department would proceed to have the work undertaken in the current year or referred to the appropriate budget year. 7. Any necessary amendments to the street lighting By-Law due to expansion of the street light service areas will be initiated by the Treasury Department, in conjuction with other departments as necessary. Schedules "C" to "N" will be attached to the By-Law prior to the November 14th 1933 meeting. These schedules consist of the maps of the street lighting areas within the Town of Newcastle.